Aurora, Illinois

File #: 15-00918    Version: 1 Name: Village of North Aurora / Boundary/Water Service Agreement
Type: Ordinance Status: Passed
File created: 10/7/2015 In control: City Council
On agenda: 10/29/2015 Final action: 11/10/2015
Title: An Ordinance Authorizing the Execution of the 2015 Addendum to the Jurisdictional Boundary Line Agreement Amendment between the City of Aurora and the Village of North Aurora
Attachments: 1. Exhibit A 2015 Addendum 2015-10-26.pdf, 2. Ord. 99-12-20-01 Aurora Boundary Agreement Dec 00-2-14 Doc No 2000K011044.pdf, 3. North Aurora Commitment to Provide Water.pdf, 4. Aurora-North Aurora Boundary Line.pdf

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TO:                     Mayor Thomas J. Weisner

 

FROM:                     Bill Wiet, Chief Development Services Officer

 

DATE:                     October 7, 2015

 

SUBJECT:

To approve a municipal boundary agreement amendment between the City of Aurora and the Village of North Aurora for the purpose of providing a third water main connection for the construction of the PPG office/industrial/warehouse building located on Orchard gateway in the City of Aurora. 

 

PURPOSE:

The City of Aurora recently approved the final plans for the construction of PPG's (Pittsburgh Plate Glass) office/industrial/warehouse facility along Orchard Gateway. According to the provisions contained in the current boundary agreement, North Aurora is providing water service to any development located north of the tollway in the general vicinity of Orchard Road. The current agreement provides for two water main connections, and this is a request for an additional 10" water main connection, constructed by PPG, for their development west of Deerpath Road. Also, as part of this amendment, both municipalities agree that there should be an emergency water interconnection valve located north of the tollway along Mitchell Road. This would benefit both communities should there be a need to utilize the emergency connection.

 

BACKGROUND:

Aurora approved a jurisdictional boundary agreement with North Aurora in December of 1999. Boundary agreements have a life of 20 years, thus the agreement is set to expire in 2019. Both staffs from Aurora and North Aurora have discussed the current request for an additional water main connection, and recommended to amend the agreement rather than extending the agreement along with this request. Both communities have agreed to set a future meeting schedule to continue discussing the extension of the current boundary agreement.

 

DISCUSSION:

The following provides additional history to past agreement between the two communities.  Aurora approved an Emergency Water Agreement ("1974 IGA") on April 8, 1974 with the Village of North Aurora with Resolution R74-048.  This 1974 IGA resulted in the existing Emergency Watermain Interconnect that is located near the intersection of Sullivan Road and Lake Street.

 

In 1999, Aurora approved a jurisdictional Boundary Agreement and related Water Agreement ("1999 Boundary Agreement") with North Aurora on December 28, 1999 with Ordinance O99-145.  This 1999 Boundary Agreement established a Jurisdictional Boundary Line and established rules and guidelines as well as delineating the responsibilities for the development of the required infrastructure to serve the “Aurora Development Property”, as defined by the agreement, with water through the sale of North Aurora Water to Aurora for the purpose of resale to the designated properties. 

 

In 2007, Aurora approved a Water Agreement ("2007 Water Agreement") with North Aurora on November 27, 2007 with Resolution R07-555.  This 2007 Water Agreement, whereby Aurora is allowed to install and recapture the water main engineering and construction cost for a waterline along Orchard Gateway and Deerpath Road with no additional affirmative action required by North Aurora. 

 

In 2010 Aurora approved the First Amendment to the Jurisdictional Boundary Line ("2010 Amendment") with North Aurora on September 28, 2010 with Resolution R10-322.  This 2010 Amendment facilitated the transfer of jurisdiction of the Randall Road Bridge to North Aurora. 

 

In looking at the various Agreements between the Village and the City, it is the desire of staff to simplify and consolidate all water related agreements into a single cohesive Agreement that can be utilized to coordinate this very important resource. Because the Village supplies water to a number of properties that are located north of I-88 and west of Orchard Road, staff wishes to address the fact that many of the requirements of the previous agreements have been completed, and clearly define the remaining responsibilities. This consolidation will occur once discussions ensue on the overall boundary agreement, thus the action being sought now is the additional water main connection west of Deerpath and the emergency water interconnect on Mitchell.

 

IMPACT STATEMENT:

There should be minimal impact of adding an additional water main connection, with associated valves, for the PPG project. There are benefits of an additional emergency interconnect on Mitchell (which construction is the responsibility of North Aurora) 

 

RECOMMENDATIONS:

Based on the discussion stated above it is therefore recommended to approve the attached boundary agreement amendment between the City of Aurora and the Village of North Aurora. 

 

 

cc:                     Alderman Saville, Chairman
                     Alderman Donnell
                     Alderman Irvin
                     Alderman Hart-Burns, Alternate

 

 

CITY OF AURORA, ILLINOIS

 

ORDINANCE NO. _________

DATE OF PASSAGE ________________

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An Ordinance Authorizing the Execution of the 2015 Addendum to the Jurisdictional Boundary Line Agreement Amendment between the City of Aurora and the Village of North Aurora

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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and

 

WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and

 

WHEREAS, Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-12-9 (1992), authorizes the corporate authorities of municipalities who have adopted official plans to agree upon a line which shall mark the boundaries of the jurisdiction of each of the respective corporate authorities; and

 

WHEREAS, the City of Aurora and the Village of North Aurora (collectively, the “Parties”) have adopted official boundary agreements and plans, and from time to time have amended same; and

 

WHEREAS, the City of Aurora and Village of North Aurora have agreed to amend the current boundary agreement to allow for an additional water main connection north of the tollway and east of Deerpath Road for the benefit of the City of Aurora; and

 

WHEREAS, the Village of North Aurora has requested that an emergency water main interconnection be provided along Mitchell Road, whereby North Aurora will install said Mitchell Road water interconnection, upon City of Aurora review and inspection, to benefit North Aurora; and

 

WHEREAS, both the City of Aurora and Village of North Aurora find it is in the best interest of both communities to amend their boundary agreement as set forth in the 2015 Addendum to the Jurisdictional Boundary Line Agreement, attached hereto and made a part hereof as Exhibit A.)

 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: That the 2015 Addendum to the Jurisdictional Boundary Line Agreement between the City of Aurora and the Village of North Aurora is hereby approved as set forth in Exhibit A.